Commodities Fraud Whistleblowers
7 U.S.C. § 26 (h) (Dodd-Frank Anti-Retaliation provisions for Commodities Trading
Legislative History and Background
Senate Report submitted by Senator Dodd, from the Committee on Banking, Housing and Urban Affairs, together with minority views.
Dodd-Frank Wall Street Reform and Consumer Protection Act: Conference Report Section 748 23(A) – qui tam for whistleblowers under the Commodities Exchange Act. 23 sub (H) – anti-retaliation provision, which permits whistleblowers to go to federal court if they are retaliated against for filing fraud claims under the Commodities Exchange Act.
Commodity Futures Trading Commission Whistleblower Rule Links
Stephen M. Kohn’s Pro Bono Public Comments on behalf of the National Whistleblowers Center
November 4, 2010 – Letter to CFTC opposing corporate lobby position, including comments from Baker Donelson and Arent Fox.
February 4, 2011 – Formal Rulemaking Comment “Impact of the Dodd-Frank Qui Tam Laws on Internal Compliance”.
February 11, 2011 – Updated Formal Rulemaking Comment “Impact of the Dodd-Frank Qui Tam Laws on Internal Compliance”.
March 9, 2011 – Letter to CFTC responding to Chamber of Commerce’s incorrect attacks of the NWC’s December 17, 2010 report to the SEC.
March 17, 2011 – Letter to CFTC with provision-by-provision analysis of SEC proposed rules with suggested revisions and justifications for revisions that are applicable to CFTC’s proposed rules.
May 16, 2011 – Letter to Chairman Schapiro and Gensler regarding the impact of the first reported decision under the Dodd-Frank Act on the rulemaking process.
June 6, 2011– Letter to CFTC suggesting that they harmonize the CFTC’s Final Rules with the SEC’s Final Rules.
Important External links:
CNBC’s segment on whistleblower reward laws, “Bounty Hunters”
David Colapinto explains how, years after Dodd-Frank, financial reform is still under attack.